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Kampala Convention) Forum on the African Union Convention on Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 17 June 2011 Kampala, Uganda Organized by: The Brookings-LSE Project on Internal Displacement and The UN Office for the Coordination of Humanitarian Affairs TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................... 3 1.1. BACKGROUND ..............................................................................................................................3 1.2. OBJECTIVES ..................................................................................................................................3 2. PROCEEDINGS OF THE AU FORUM ........................................................................................... 4 2.1. OPENING .....................................................................................................................................4 2.2. OVERVIEW OF IDP CONVENTION .....................................................................................................5 2.3. THE AU ROADMAP FOR IMPLEMENTATION OF THE OUTCOMES OF THE AU SPECIAL SUMMIT ON REFUGEES, RETURNEES AND IDPS IN AFRICA ......................................................................................................8 2.4. PANEL DISCUSSION: DIFFERENT PERSPECTIVES ON THE IDP CONVENTION ..............................................10 2.5. WRAP UP AND NEXT STEPS ...........................................................................................................11 ANNEX 1: AU FORUM AGENDA ....................................................................................................................13 ANNEX 2: AU FORUM PARTICIPANTS LIST .......................................................................................................14 2 1. INTRODUCTION 1.1. Background The African Union (AU) adopted the world’s first binding Convention on Internally Displaced Persons (IDPs) in Africa (Kampala Convention) on 23 October 2009. However, further work is needed to secure the necessary 15 ratifications for the convention to enter into force. Presently 31 Member States have signed the Convention, five have ratified and deposited instruments with the AU Commission, and another three have ratified but have yet to deposit the instruments. The Convention is based on a broad definition of IDPs, including those displaced by conflict, human rights violations, natural disasters and development projects. It sets guidelines on responsibilities for preventing displacement, protecting and assisting people who are displaced, and searching for solutions to their displacement. The Convention also gives civil society a strong role. One of the key architects of the AU Convention, Professor Chaloka Beyani, now UN Special Rapporteur on the Human Rights of Internally Displaced Persons (IDPs), led a forum on 17 June 2011 in Kampala to discuss the Convention. 1.2. Objectives The objectives of the one-day forum were to: . Provide a platform to promote the speedy signature, ratification and domestication of the AU Convention for the Protection of Internally Displaced Persons in Africa; . Raise awareness about the Convention: why it is needed, what it says, and what ratification entails; . Provide an opportunity to respond to questions about the Convention; . Give further understanding of displacement resulting from natural disasters and development projects; . Encourage representatives of governments, civil society, UN agencies and NGOs to come together to reflect on the Convention and to consider ways of encouraging governments to ratify the Convention. The Forum took place immediately after a two-day regional workshop on natural disasters and human rights, attended by representatives of governments, civil society and UN agencies. Taking advantage of the presence of these workshop participants, the forum was also open to a broader cross-section of stakeholders. 3 2. PROCEEDINGS OF THE FORUM 2.1. Opening 2.1.1. Welcome Remarks Mr. Renny Wafula, the UN OCHA-AU Liaison Officer, expressed profound gratitude to all partners who have contributed to organising the workshop and to the participants for coming. He emphasized that the AU is doing everything possible to support African governments to sign, ratify and deposit instruments of ratification so that the Convention can come into force. The AU is also committed to moving the process of domesticating the IDP convention forward. 2.1.2. Opening Statements Ms. Elizabeth Ferris from the Brookings-LSE Project on Internal Displacement explained that the Project had long emphasized the importance of strengthening normative frameworks for IDPs. The Project, which is co-directed by the UN Special Rapporteur on the Human Rights of IDPs, was particularly encouraged with the AU Convention as the first legally binding instrument in the world on IDPs. She expressed the hope that this Forum would serve to inspire participants to take actions on the national level to encourage governments to sign and ratify the Convention. Mr. Nikyema, the UN Humanitarian Coordinator for Uganda, highlighted that this Forum was being held immediately after the ‘Workshop on Protecting and Promoting Rights in Natural Disasters in the Great Lakes Region and East Africa’. He stressed that the AU convention is one of the key instruments to help realise human rights in situations of natural disasters, which is a particularly important issue in light of the growing frequency and ferocity of disasters. However, one-and-a-half years after its adoption, the Convention has yet to come into force. Thirty-five countries have signed, while fifteen ratifications are needed for the conventions to come into force. So far in the Great Lakes Region only Uganda has ratified the Convention. Mr. Nikyema encouraged participants to advocate for ratification of the convention in their respective countries after the Forum. He noted that the Forum was, in fact intended to reflect on the importance of the convention, how to popularise it and support its implementation. He gave a brief overview of important steps that have been taken by the AU since the adoption of the Convention, among which is development of a plan of action for implementation of the strategy. He reiterated the UN’s commitment to IDPs and to this Convention and then officially opened the Forum. 4 2.2. Overview of IDP Convention 2.2.1. Key Note Address and Mr. Chaloka Beyani, the UN Special Rapporteur on the Human Rights of Overview of the IDP Internally Displaced Persons, gave a historical background of the AU Convention by Chaloka Convention adopted by the AU in 2009. The Convention recognises that Beyani: UN Special displacement cannot be handled unilaterally and requires solidarity and Rapporteur on the partnerships with non-state actors. One of the most important elements, Human Rights of he emphasised, is the statement of obligation of the states to IDPs. Internally Displaced He gave a brief overview of the process of developing the Convention, the Persons extensive nature of discussions, especially of the objectives. In 2004, the AU Council asked the Commission to elaborate a legal framework for protection and assistance of IDPs in Africa. The concept note was discussed by a group of legal experts in 2005 and presented at a meeting of ministers in May 2006 in Ougadougou, Burkina Faso. The meeting agreed that the time was right for a Convention and a representative group of legal experts worked from 2007-08 to draft the Convention. In 2009 the Convention was adopted at the AU Summit in Kampala. In comparison with other treaty- making processes, the drafting of the Kampala convention was marked by a high level of participation with foreign ministers and then heads of state who not only discussed the substantive provisions but also offered amendments to the text. This has been important in that AU member states have ownership of the Convention. Mr. Beyani then turned to a detailed explanation of each Article of the Convention, beginning with the definition of terms, the objectives of the Convention, the obligations of AU Member States and the AU, and the obligation of international organisations to discharge their duties in accordance with international as well as national laws in situations of internal displacement. Mr. Beyani highlighted important obligations of states under the Convention, such as the obligation for states to designate an authority for coordination of government policies toward IDPs. This is a key issue since in some states no structure exists for coordination. Another key aspect is that members are held accountable for state actions that violate human rights of IDPs. The Convention addresses different types of displacement, including displacement caused by conflict, natural disasters and development projects. It also addresses issues of durable solutions, re-integration, compensation for loss of property and livelihoods, registration of IDPs and replacement of lost personal documentation. The Convention will enter into force once 15 signatories have deposited their ratifications with the AU Secretariat. Once it enters into force, a conference of states parties will be established, facilitated by the AU, to serve as a monitoring mechanism. In addition, the African Peer Review Mechanism (APRM) can be used to track capacity and compliance of States 5 with the domestication of the Convention and work is needed to sensitise the APRM on their
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